Legal Opinion
State v. Garcia
New Mexico Court of Appeals
Decided November 14, 1994No. 15008PublishedCited by 16 opinions
1Opinion of the Court
OPINION
HARTZ, Judge.
Defendant was convicted by a jury of armed robbery and aggravated assault. His sole claim on appeal is that the prosecution improperly used his postarrest silence as evidence against him. We agree and reverse the convictions.
I. BACKGROUND
Defendant presented an alibi defense. There was no dispute that the crimes charged had been committed • by someone. On the evening of December 19, 1991, a woman was robbed of her purse at gunpoint in the parking lot of the SuperSave grocery store in Española, New Mexico. While fleeing, the robber fired his gun at a pursuing witness. The…
2Cases cited20 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Doyle v. OhioSupreme Court of the United States · 1976
- Griffin v. CaliforniaSupreme Court of the United States · 1965
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. DeGraffNew Mexico Supreme Court · 2006
- State v. GutierrezNew Mexico Supreme Court · 2007
- State v. SmithNew Mexico Supreme Court · 2001
- State v. FosterNew Mexico Court of Appeals · 1998
- State v. PadillaNew Mexico Court of Appeals · 1996
11 more not listed; retrieve them via the Exa API.